Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS. 299/2024

Case between Archana et al vs Nidheesh et al regarding Injunction

Court
COURT OF THE MUNSIFF, KOLLAM
Judge
Smt. Ragi.S.
Order Date
2025-06-23
Duration
approximately-2 years 8 months
Case Code No.
299
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

This case involves Plaintiffs Archana, Gopikrishna, Krishnankutty Pillai, and Sindhu Meenakshi Amma against Defendants Nidheesh, Nishanth, and Unnikrishna Pillai regarding a disputed pathway. The plaintiffs seek to restrain the defendants from trespassing on their property and obstructing their right of way.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the plaintiffs' application for an injunction, restraining the defendants from trespassing on the plaintiffs' property and from obstructing their right of way through the disputed pathway.
Judgment Favored
Plaintiff
Relief Granted
Restraining the defendants and their agents from trespassing into the plaint A schedule property and from obstructing the right of way of plaintiffs 2 to 4.
Case Type
Injunction
Final Judgment
No
The court allowed the plaintiffs' application for an injunction, restraining the defendants from trespassing on the plaintiffs' property and from obstructing their right of way through the disputed pathway.
Why Plaintiff Won:
The plaintiffs established a prima facie case and showed potential for irreparable injury.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaintiffs claim that the defendants have no legal right to widen the disputed D schedule pathway, which provides access through the disputed A schedule to the defendants’ land.

Judgment Evidence:

In the result, IA allowed as follows: Restraining the defendants and their agents from trespassing into the plaint A schedule property and from widening the A schedule way leading to the properties of the defendants 1 and 2, and from obstructing the right of way of plaintiffs 2 to 4 through the D schedule way, till the disposal of suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Archana
Party Age
33
Relation
D/o
Party Role
Plaintiff
Party Name
Gopikrishna
Party Age
30
Relation
D/o
Party Role
Plaintiff
Party Name
Krishnankutty Pillai
Party Age
66
Relation
S/o
Party Role
Plaintiff
Party Name
Sindhu Meenakshi Amma
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Nidheesh
Party Age
37
Relation
S/o
Party Role
Defendant
Party Name
Nishanth
Party Age
34
Relation
S/o
Party Role
Defendant
Party Name
Unnikrishna Pillai
Party Age
68
Relation
S/o
Plaintiffs Documents
Partition Deed No. 3591/1987, Settlement Deed No. 180/2012, Settlement Deed No. 911/2017, Sale Deed No. 3355/1993, Land Tax Receipt.
Defendants Documents
Settlement Deed No. 3839/2022, Settlement Deed No. 3840/2022, Commission report prepared and submitted by Advocate commissioner.

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Anwar Shah.S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.B.Byju.
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Interim injunction restraining the defendants and their agents from trespassing into the plaint A schedule property and from widening the D schedule pathway.
Evidence:
Thus, point Nos. 1 to 3 are found in favour of the plaintiffs. In the result, IA allowed as follows: Restraining the defendants and their agents from trespassing into the plaint A schedule property and from widening the A schedule way.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
It is the primary document of title concerning the plaint A, B, C, and D schedule properties.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Settlement deed transferring a half share of property to the 1st plaintiff.
Reference:
Ext.A2
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Settlement deed transferring property to the 2nd plaintiff.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Sale deed transferring property to the 3rd and 4th plaintiffs.
Reference:
Ext.A4
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Tax receipt issued for property related to the case.
Reference:
Ext.A5
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Settlement deed regarding property assignment to the 1st defendant.
Reference:
Ext.B1
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Settlement deed regarding property assignment to the 2nd defendant.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Defendant
Relevance:
Commission report related to the usage of the pathway by the defendants.
Reference:
Ext.B3
Document Type: Photograph
Submitted By: Unknown
Relevance:
Evidence submitted regarding the properties in dispute.
Reference:
Ext.B4
Document Type: Commission Report
Submitted By: Court
Relevance:
Court appointed commission report regarding the disputed D schedule pathway.
Reference:
Ext.C1
Document Type: Mahazar
Submitted By: Court
Relevance:
Document detailing findings during the commission visit.
Reference:
Ext.C1(a)
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch prepared during the commission visit.
Reference:
Ext.C1(b)

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Mon, 01/01/2024 - 12:00
Case Closed
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Murugan vs Dr.Ramanatha Pillai regarding Injunction
COURT OF THE MUNSIFF, KOLLAM
Injunction Defendant Won
Case between Raju Rajan et al vs Palkulangara Sree Bhagavathy Kshethra Yogam Trust et al regarding Injunction
IN THE COURT OF THE MUNSIFF, KOLLAM
Injunction Plaintiff Won
Case between Shabjan vs Shamnazeer et al regarding Temporary Injunction
COURT OF THE MUNSIFF, KOLLAM
Injunction Defendant Won
Case between N.Sundaresan vs Indian Bank regarding Temporary Injunction
THE COURT OF THE MUNSIFF, KOLLAM
Injunction Defendant Won
Case between Jayaprakash vs Jayaram Bhatt et al regarding injunction
COURT OF THE MUNSIFF, KOLLAM
Injunction Defendant Won